English v. Poole

1. The Supreme Court, in transferring this bill of exceptions to this court, has in effect held that questions only of legal and not of equitable jurisdiction were involved in this partition proceeding, brought by one owning jointly or in common with another the chose in action or monies on deposit in a bank, represented by its cashier’s check made payable to the order of both parties.

2. The provision of section 5362 of the Civil Code (1910), in effect that the partitioners to whom a writ of partition is directed shall make their return thereon to the superior court within three months after…